DHS 133.03(4)(b)1. 1. Within 90 days after receiving a complete application, the department shall either approve the application and issue a license or deny the application, unless either of the following applies:

DHS 133.03(4)(b)1.a. a. The department has not yet completed its investigation; or

DHS 133.03(4)(b)1.b. b. The applicant or agency is temporarily unable to conform to all the rules in this chapter.

DHS 133.03(4)(b)2. 2. If subd. 1. a. or b. applies, the department may, within the 90-day period in subd. 1., issue a provisional license for a term of 90 days. The department may, upon the agency’s request, renew that license for additional 90-day terms not to exceed one year from the original issuance date of the provisional license.

DHS 133.03(4)(b)3. 3. During the provisional period specified in subd. 2., the home health agency shall actively serve at least 10 patients requiring skilled nursing care or other therapeutic services in Wisconsin. At least seven of the 10 patients shall be actively receiving skilled nursing services when the home health agency submits a written request for an on-site licensure survey. At least 3 patients shall be receiving skilled nursing services at the time of the on-site licensure survey.

DHS 133.03(4)(c) (c) The department may not charge an additional fee for the original regular license issued to a home health agency that has not had a provisional license.

DHS 133.03(4)(d) (d) After the department issues an initial regular license, the department may not charge the home health agency an additional licensing fee until the annual, continuing license fee is due. The fee shall be 0.25% of patient fee revenue of the home health agency based on the agency’s financial information submitted to the department in the form prescribed by the department, with a maximum fee of $2,500 and a minimum fee of $500.

DHS 133.03(5) (5) Licensure term. A home health agency regular license is valid indefinitely unless suspended, revoked or voluntarily surrendered.

DHS 133.03(6) (6) Report of changes.

DHS 133.03(6)(a) (a) Changes requiring notice. The licensee shall, within 10 days, notify the department in writing of any changes in the services provided and any appointment or change of the administrator.

DHS 133.03(6)(b) (b) Changes requiring new application. A new application under sub. (3) shall be submitted to the department within 10 working days when any of the following changes has occurred:

DHS 133.03(6)(b)1. 1. The corporate licensee has transferred 50% or more of the issued stock to another party or other parties;

DHS 133.03(6)(b)2. 2. The licensee has transferred ownership of 50% or more of the assets to another party or other parties;

DHS 133.03(6)(b)3. 3. There has been change in partners or partnership interests of 50% or greater in terms of capital or share of profits; or

DHS 133.03(6)(b)4. 4. The licensee has relinquished management of the agency.

DHS 133.03(7) (7) Denial or revocation. If at any time the department determines that there has been a substantial failure to comply with the requirements of this chapter, or that the license fee has not been paid, or that the information required by the department for licensure is not provided, it shall deny or revoke the license after providing notice to the licensee.

DHS 133.03(8) (8) Hearings.

DHS 133.03(8)(a) (a) An applicant or home health agency may appeal the following department actions:

DHS 133.03(8)(a)1. 1. Denial or revocation of a license.

DHS 133.03(8)(a)2. 2. Issuance of a statement of deficiency that results in the imposition of a plan of correction under s. DHS 133.04 (4) (b) 3. or the imposition of penalties under s. DHS 133.04 (4) (c).

DHS 133.03(8)(b) (b) If a home health agency wants to contest a department action specified in par. (a), it shall file a written request for a hearing under s. 227.44, Stats., with the department of administration’s division of hearings and appeals within 10 days of receipt of notice of the contested action.

DHS 133.03 Note Note: The mailing address of the Division of Hearing and Appeals is: P.O. Box 7875, Madison, WI 53707-7875. The facsimile transmission number is 608-267-2744. The hearing request may be delivered in person to the Division of Hearings and Appeals at: 5005 University Avenue, Suite 201, Madison, WI.

DHS 133.03(9) (9) Reporting. Every 12 months, on a schedule determined by the department, a licensed home health agency shall submit to the department an annual report in the form and containing the information that the department requires, including payment of the fee required under s. 50.49 (2) (b), Stats., and sub. (4) (d). If a complete annual report is not timely filed, the department shall issue a warning to the licensee. If a licensed home health agency that has not filed a timely report fails to submit a complete report to the department within 60 days after the date established under the schedule determined by the department, the department may revoke the license.

DHS 133.03 History History: Cr. Register, May, 1984, No. 341, eff. 6-1-84; reprinted to correct printing error in (3) (e), Register, September, 1984, No. 345; r. and recr. (4) and (5), Register, November, 1985, No. 359, eff. 12-1-85; correction in (4) (b) made under s. 13.93 (2m) (b) 7., Stats., Register, August, 1995, No. 476; am. (6) (b), Register, October, 1995, No. 478, eff. 11-1-95; r. and recr. (5), r. (6), renum. (7) to (9) to be (6) to (8), cr. (9), Register, August, 2000, No. 536, eff. 9-1-00; r. and recr. (3) (h), (4) (b), (c), (8), cr. (4) (d), am. (9), Register, April, 2001, No. 544, eff. 5-1-01; correction in (8) (a) 2. was made under s. 13.93 (2m) (b) 7., Stats., Register August 2001 No. 548; CR 03-033: am. (8) (b) Register December 2003 No. 576, eff. 1-1-04; CR 07-060: am. (4) (b) 3. and (5), cr. (3) (i) Register November 2007 No. 623, eff. 12-1-07.

DHS 133.04 DHS 133.04 Inspections.

DHS 133.04(1) (1) Regular surveys. The department may make any inspections and investigations it considers necessary, including review of clinical and administrative records, subject only to restrictions of law.

DHS 133.04(2) (2) Complaints. The department may investigate any complaints received by it concerning the operation or services of a home health agency.

DHS 133.04 Note Note: A complaint may be filed by writing the Bureau of Health Services, Division of Quality Assurance, P.O. Box 2969, Madison, Wisconsin 53701-2969 or by calling the Wisconsin Home Health Hotline toll free at 1-800-642-6552.

DHS 133.04(3) (3) Patient visits. The department may contact patients of a home health agency as part of an inspection or investigation. A licensee shall provide the department a list of names, addresses and other identifying information of current and past patients as may be requested. The department may select the names of the patients to be visited and may visit these patients with their approval.